1-C.Direct threat.
For purposes of subchapter III, "direct threat" means a significant risk to the
health or safety of others that can not be eliminated by reasonable accommodation.

[
1995, c. 393, §2 (NEW)
.]

1-D.Aggrieved person.
"Aggrieved person" includes any person who claims to have been subject to unlawful
discrimination. "Aggrieved person" also includes any person who claims to have been
injured by unlawful housing discrimination.

[
2011, c. 613, §1 (NEW);
2011, c. 613, §29 (AFF)
.]

1-E.Complainant.
"Complainant" means a person who files a complaint under section 4611 or a civil
action under section 4621.

[
2011, c. 613, §2 (NEW);
2011, c. 613, §29 (AFF)
.]

1-F.Conciliation.
"Conciliation" means the attempted resolution of issues raised by a complaint filed
under section 4611 or by an investigation of such a complaint through informal negotiations
involving the complainant, the respondent and the commission.

[
2011, c. 613, §3 (NEW);
2011, c. 613, §29 (AFF)
.]

1-G.Conciliation agreement.
"Conciliation agreement" means a written agreement setting forth the resolution
of the issues in conciliation.

For purposes of subchapter III, "discriminate" also includes, as it relates to individuals
with physical or mental disability:

A. Limiting, segregating or classifying a job applicant or employee in a way that adversely
affects the opportunities or status of the applicant or employee because of the disability
of the applicant or employee; [1995, c. 393, §3 (NEW).]

B. Participating in a contractual or other arrangement or relationship that has the
effect of subjecting a covered entity's qualified applicant or employee with a disability
to the discrimination prohibited by this Act. A relationship includes a relationship
with an employment or referral agency, labor union, an organization providing fringe
benefits to an employee of the covered entity or an organization providing training
and apprenticeship programs; [1995, c. 393, §3 (NEW).]

C. Utilizing standards, criteria or methods of administration:

(1) That have the effect of discrimination on the basis of disability; or

(2) That perpetuate the discrimination of others who are subject to common administrative
control; [1995, c. 393, §3 (NEW).]

D. Excluding or otherwise denying equal jobs or benefits to a qualified individual
because of the known disability of an individual with whom the qualified individual
is known to have a relationship or association; [1995, c. 393, §3 (NEW).]

E. Not making reasonable accommodations to the known physical or mental limitations
of an otherwise qualified individual with a disability who is an applicant or employee,
unless the covered entity can demonstrate that the accommodation would impose an undue
hardship on the operation of the business of the covered entity; [1995, c. 393, §3 (NEW).]

F. Denying employment opportunities to a job applicant or employee who is an otherwise
qualified individual with a disability, if the denial is based on the need of the
covered entity to make reasonable accommodation to the physical or mental impairments
of the employee or applicant; [1995, c. 393, §3 (NEW).]

G. Using qualification standards, employment tests or other selection criteria that
screen out or tend to screen out an individual with a disability or a class of individuals
with disabilities unless the standard, test or other selection criteria, as used by
the covered entity, is shown to be job-related for the position in question and is
consistent with business necessity; and [1995, c. 393, §3 (NEW).]

H. Failing to select and administer tests concerning employment in the most effective
manner to ensure that, when the test is administered to a job applicant or employee
who has a disability that impairs sensory, manual or speaking skills, the test results
accurately reflect the skills, aptitude or any other factor of the applicant or employee
that the test purports to measure, rather than reflecting the impaired sensory, manual
or speaking skills of the employee or applicant, except when the skills are the factors
that the test purports to measure. [1995, c. 393, §3 (NEW).]

[
1995, c. 393, §3 (AMD)
.]

2-A.Educational institution.
"Educational institution" means any public school or educational program, any public
post-secondary institution, any private school or educational program approved for
tuition purposes if both male and female students are admitted and the governing body
of each such school or program. For purposes related to disability-related discrimination,
"educational institution" also means any private school or educational program approved
for tuition purposes.

[
1995, c. 393, §4 (AMD)
.]

3.Employee.
"Employee" means an individual employed by an employer. "Employee" does not include
any individual employed by that individual's parents, spouse or child, except for
purposes of disability-related discrimination, in which case the individual is considered
to be an employee.

[
1995, c. 393, §5 (AMD)
.]

4.Employer.
"Employer" includes any person in this State employing any number of employees, whatever
the place of employment of the employees, and any person outside this State employing
any number of employees whose usual place of employment is in this State; any person
acting in the interest of any employer, directly or indirectly; and labor organizations,
whether or not organized on a religious, fraternal or sectarian basis, with respect
to their employment of employees. "Employer" does not include a religious or fraternal
corporation or association, not organized for private profit and in fact not conducted
for private profit, with respect to employment of its members of the same religion,
sect or fraternity, except for purposes of disability-related discrimination, in which
case the corporation or association is considered to be an employer.

[
1995, c. 393, §5 (AMD)
.]

5.Employment agency.
"Employment agency" includes any person undertaking with or without compensation
to procure opportunities to work, or to procure, recruit, refer or place employees;
it includes, without limitation, placement services, training schools and centers,
and labor organizations, to the extent that they act as employee referral sources;
and it includes any agent of such person.

[
1971, c. 501, §1 (NEW)
.]

5-A.Familial status.
"Familial status" means that a family unit may contain one or more individuals who
have not attained the age of 18 years and are living with:

A. A parent or another person having legal custody of the individual or individuals;
or [1989, c. 245, §2 (NEW).]

B. The designee of the parent or other person having custody, with the written permission
of the parent or other person. [1989, c. 245, §2 (NEW).]

The protections afforded against discrimination on the basis of familial status shall
apply to any person who is pregnant or who is in the process of securing legal custody
of any individual who has not attained the age of 18 years.

[
1989, c. 245, §2 (NEW)
.]

5-B.Family.
"Family" includes, but is not limited to, a single individual.

[
2011, c. 613, §5 (NEW);
2011, c. 613, §29 (AFF)
.]

6.Housing accommodation.
"Housing accommodation" includes any building or structure or portion thereof, or
any parcel of land, developed or undeveloped, that is occupied, or is intended to be occupied or to be developed for occupancy, for
residential purposes.

A. [2011, c. 613, §29 (AFF); 2011, c. 613, §6 (RP).]

B. [2011, c. 613, §29 (AFF); 2011, c. 613, §6 (RP).]

C. [2011, c. 613, §29 (AFF); 2011, c. 613, §6 (RP).]

[
2011, c. 613, §6 (AMD);
2011, c. 613, §29 (AFF)
.]

6-A.Normal retirement age.
"Normal retirement age" means the specified age, the years of service requirement
or any age and years of service combination at which a member may become eligible
for retirement benefits. This subsection may not be construed to require the mandatory
retirement of a member or to deny employment to any person based solely on that person's
normal retirement age.

[
2005, c. 10, §2 (AMD)
.]

7.Person.
"Person" includes one or more individuals, partnerships, associations, organizations,
corporations, municipal corporations, legal representatives, trustees, trustees in
bankruptcy, receivers and other legal representatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof.

[
2011, c. 613, §7 (AMD);
2011, c. 613, §29 (AFF)
.]

7-A.Physical or mental disability.
"Physical or mental disability" has the meaning set forth in section 4553-A.

[
2007, c. 385, §1 (RPR)
.]

7-B.Person with physical or mental disability.

[
2007, c. 385, §2 (RP)
.]

8.Place of public accommodation.
"Place of public accommodation" means a facility, operated by a public or private
entity, whose operations fall within at least one of the following categories:

A. An inn, hotel, motel or other place of lodging, whether conducted for the entertainment
or accommodation of transient guests or those seeking health, recreation or rest; [1995, c. 393, §7 (NEW).]

L. Public elevators of buildings occupied by 2 or more tenants or by the owner and
one or more tenants; [1995, c. 393, §7 (NEW).]

M. A municipal building, courthouse, town hall or other establishment of the State
or a local government; and [1995, c. 393, §7 (NEW).]

N. Any establishment that in fact caters to, or offers its goods, facilities or services
to, or solicits or accepts patronage from, the general public. [1995, c. 393, §7 (NEW).]

When a place of public accommodation is located in a private residence, the portion
of the residence used exclusively as a residence is not covered by this subchapter,
but that portion used exclusively in the operation of the place of public accommodation
or that portion used both for the place of public accommodation and for the residential
purposes is covered by this subchapter. The covered portion of the residence extends
to those elements used to enter the place of public accommodation, and those exterior
and interior portions of the residence available to or used by customers or clients,
including rest rooms.

[
1995, c. 393, §7 (RPR)
.]

8-A.Private entity.
"Private entity" means any entity other than a public entity.

[
1995, c. 393, §8 (NEW)
.]

8-B.Public accommodation.
"Public accommodation" means a public or private entity that owns, leases, leases
to or operates a place of public accommodation.

[
1995, c. 393, §8 (NEW)
.]

8-C.Public entity.
"Public entity" means:

A. The State or any local government; [1995, c. 393, §8 (NEW).]

B. Any department, agency, special purpose district or other instrumentality of the
State, 2 or more states or a local government; and [1995, c. 393, §8 (NEW).]

For purposes of subchapter III, "qualified individual with a disability" means an
individual with a physical or mental disability who, with or without reasonable accommodation,
can perform the essential functions of the employment position that the individual
holds or desires.

For purposes of subchapter V, "qualified individual with a disability" means an individual
with a disability who, with or without reasonable modification to rules, policies
or practices, the removal of architectural, communication or transportation barriers
or the provision of auxiliary aids and services, meets the essential eligibility requirements
for the receipt of services or the participation in programs or activities provided
by a public entity.

[
1995, c. 393, §8 (NEW)
.]

9.Real estate broker and salesman.
"Real estate broker" and "real estate salesman" have the same definitions as are
given respectively in Title 32, section 4001, subsections 2 and 3; but include all
persons meeting those definitions, whether or not they are licensed or required to
be licensed.

[
1971, c. 501, §1 (NEW)
.]

9-A.Reasonable accommodation.
For purposes of subchapter III, "reasonable accommodation" may include, but is not
limited to:

A. Making existing facilities used by employees readily accessible to and usable by
individuals with disabilities; and [1995, c. 393, §8 (NEW).]

B. Job restructuring, part-time or modified work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices, appropriate adjustment
or modifications of examinations, training materials or policies, the provision of
qualified readers or interpreters and other similar accommodations for individuals
with disabilities. [1995, c. 393, §8 (NEW).]

[
1995, c. 393, §8 (NEW)
.]

9-B.Undue hardship; undue burden.
"Undue hardship" or "undue burden" mean an action requiring undue financial or administrative
hardship. In determining whether an action would result in an undue hardship, factors
to be considered include:

A. The nature and cost of the accommodation needed under this Act; [1995, c. 393, §8 (NEW).]

B. The overall financial resources of the facility or facilities involved in the action,
the number of persons employed at the facility, the effect on expenses and resources
or the impact otherwise of the action upon the operation of the facility; [1995, c. 393, §8 (NEW).]

C. The overall financial resources of the covered entity, the overall size of the business
of a covered entity with respect to the number of its employees and the number, type
and location of its facilities; [1995, c. 393, §8 (NEW).]

D. The type of operation or operations of the covered entity, including the composition,
structure and functions of the work force of the entity, the geographic separateness,
administrative or fiscal relationship of the facility or facilities in question to
the covered entity; [1995, c. 393, §8 (NEW).]

E. All the resources available to meet the costs of the accommodation, including any
government funding or other grants available for making public accommodations and
places of employment accessible; [1995, c. 393, §8 (NEW).]

F. The extent to which current costs of accommodations have been minimized by past
efforts to provide equal access to persons with disabilities; [1995, c. 393, §8 (NEW).]

G. The extent to which resources spent on improving inaccessible equipment or service
could have been spent on making an accommodation so that service or equipment is accessible
to individuals with disabilities, as well as to individuals without disabilities; [1995, c. 393, §8 (NEW).]

L. The extent to which resources saved by failing to make an accommodation for persons
who have disabilities could have been saved by cutting costs in equipment or services
for the general public. [1995, c. 393, §8 (NEW).]

"Undue hardship" or "undue burden" is a higher standard than "readily achievable"
and requires a greater level of effort on the part of the public accommodation.

(1) An animal that has been determined necessary to mitigate the effects of a physical
or mental disability by a physician, psychologist, physician's assistant, nurse practitioner
or licensed social worker; or

(2) An animal individually trained to do work or perform tasks for the benefit of
an individual with a physical or mental disability, including, but not limited to,
guiding individuals with impaired vision, alerting individuals who are deaf or hard
of hearing to intruders or sounds, providing reasonable protection or rescue work,
pulling a wheelchair or retrieving dropped items; and [2011, c. 369, §2 (NEW).]

B. For the purposes of subchapter 5, a dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual or other mental disability. Other species of animals,
whether wild or domestic, trained or untrained, are not service animals for the purposes
of this definition. The work or tasks performed by a service animal must be directly
related to the individual's disability. Examples of such work or tasks include, but
are not limited to, assisting an individual who is totally or partially blind with
navigation and other tasks, alerting an individual who is deaf or hard of hearing
to the presence of people or sounds, providing nonviolent protection or rescue work,
pulling a wheelchair, assisting an individual during a seizure, alerting an individual
to the presence of allergens, retrieving items such as medicine or a telephone, providing
physical support and assistance with balance and stability to an individual with a
mobility disability and helping a person with a psychiatric or neurological disability
by preventing or interrupting impulsive or destructive behaviors. The crime deterrent
effects of an animal's presence and the provision of emotional support, well-being,
comfort or companionship do not constitute work or tasks for the purposes of this
definition. [2011, c. 369, §2 (NEW).]

[
2011, c. 369, §2 (NEW)
.]

9-F.Rent.
"Rent" includes to lease, to sublease, to let or otherwise to grant for a consideration
the right to occupy premises not owned by the occupant.

[
2011, c. 613, §8 (NEW);
2011, c. 613, §29 (AFF)
.]

9-G.Respondent.
"Respondent" means a person accused of unlawful discrimination in a complaint filed
under section 4611 or a civil action filed under section 4621.

D. Aiding, abetting, inciting, compelling or coercing another to do any of such types
of unlawful discrimination; obstructing or preventing any person from complying with
this Act or any order issued in this subsection; attempting to do any act of unlawful
discrimination; and punishing or penalizing, or attempting to punish or penalize,
any person for seeking to exercise any of the civil rights declared by this Act or
for complaining of a violation of this Act or for testifying in any proceeding brought
in this subsection; [1983, c. 578, §2 (AMD).]

E. In determining whether a person is acting as an agent or employee of another person
so as to make such other person responsible for that person's acts, the question of
whether the specific acts performed were actually authorized or subsequently ratified
is not controlling; [2005, c. 10, §4 (AMD).]

G. Discrimination in employment, housing, public accommodation, credit and educational
opportunity on the basis of sexual orientation, except that a religious corporation,
association or organization that does not receive public funds is exempt from this
provision with respect to:

(1) Employment, as is more fully set forth in section 4553, subsection 4 and section
4573-A;

(2) Housing; and

(3) Educational opportunity, as is more fully set forth in section 4602, subsection
4.

Any for-profit organization owned, controlled or operated by a religious association
or corporation and subject to the provisions of the Internal Revenue Code, 26 United
States Code, Section 511(a) is not covered by the exemptions set forth in this paragraph. [2011, c. 613, §9 (AMD); 2011, c. 613, §29 (AFF).]